Suit filed over odors and other issues at a Yaphank compost facility

A Brooklyn-based company that owns land near a Yaphank compost facility has sued the facility's owner for allegedly polluting air and groundwater.

The 127-page lawsuit, filed last week in State Supreme Court, claims that Westbury-based Long Island Compost has failed to build a new food- and yard-waste processor that may cut odors and pollution at the Yaphank facility. The suit was filed by Nesconset attorney Richard Scheyer on behalf of Elaine Farsiso LLC, which owns 26 acres of land in Yaphank.

The compost operation "has created a cloud of reputational taint over the property, all of which is hampering petitioner's ability to rent, sell and otherwise utilize its property," the lawsuit states.

Charles Vigliotti, Long Island Compost president and chief executive, was not available for comment, a company employee said Monday.

Long Island Compost has had a history of complaints from neighbors and regulators over odor, air quality and mulch fires. The company in 2013 reached an agreement with the state Department of Environmental Conservation and neighbors to pave roads and cover facilities to reduce dust and build a $50 million anaerobic digester, a composting device that produces renewable energy while reducing odors, dust and noise.

Also named as defendants in the lawsuit are the Town of Brookhaven, the DEC and Great Gardens LLC, a division of Long Island Compost that was sold in March to Scotts Miracle-Gro.

Brookhaven Town officials plan to hold a public hearing on the digester proposal by the end of the year, Town Attorney Annette Eaderesto said Monday. "We're very supportive of that project," she said.

DEC officials did not immediately return a call for comment.

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Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.